Terms and Conditions

This agreement applies as between you, the User of this Website and Trivandi DMCC (Trivandi), the owner(s) of this Website.

Your agreement to comply with and be bound by Conditions 1-3, 6-18 and 22 – 34 of these Terms and Conditions is deemed to occur upon your first use of the Website. Conditions 4, 5, and 19 - 21 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

This School has been developed and is delivered by Trivandi Academy, a division of Trivandi, a company registered in the United Arab Emirates under License Number DMCC-554083Unit No: OneJLT-06-93 One JLT Plot No: DMCC-EZ1-1AB Jumeirah Lakes Towers Dubai United Arab Emirates.

For any questions in relation to these terms and conditions, you can contact Trivandi Academy by emailing info@trivandi.com.

1. Definitions and Interpretation

1.1 Definitions

In this Agreement the following terms shall have the following meanings:

1. "Account": means collectively the personal information, Payment Information, and credentials used by Users to access Paid Content and/or any communications System on the Website.
2. "Affiliates": means in relation to either party to these Conditions, a person which, directly or indirectly, (i) is controlled by that party; or (ii) controls that party; or (iii) is controlled by a person referred to in (ii) above, and for this purpose “Control” means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes and “controlled” shall be construed accordingly.
3. "Conditions": means these Terms and Conditions.
4. "Content": means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
5. "Contract": means these Conditions and the individual agreement between the Student and Trivandi or the Employer and Trivandi comprised within the Enrolment Form, invoice, and credit agreement for the provision by Trivandi of a Course entered into in accordance with Condition 3 including payment terms in accordance with Condition 4.
6. "Contract Start Date": has the same meaning as the Formation Date.
7. "Facilities": means collectively any online facilities, tools, services, or information that Trivandi DMCC makes available through the Website either now or in the future.
8. "Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes.
9. "Premises": means Our place(s) of business located at Unit No: OneJLT-06-93 One JLT Plot No: DMCC-EZ1-1AB Jumeirah Lakes Towers Dubai United Arab Emirates .
10. "Services": means the services available to you through this Website.
11. "System": means any online communications infrastructure that Trivandi DMCC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links.
12. "Trivandi": means Trivandi DMCC or any other company or department within the Trivandi Group of companies and its Affiliates, including Trivandi Academy.
13. "Trivandi Premises": means any premises used by Trivandi.
14. "User" / "Users": means any third party that accesses the Website and is not employed by Trivandi DMCC and acting in the course of their employment.
15. "We/Us/Our": means Trivandi DMCC, a company incorporated in the United Arab Emirates with License Number DMCC-554083, located at Unit No: OneJLT-06-93 One JLT Plot No: DMCC-EZ1-1AB Jumeirah Lakes Towers Dubai United Arab Emirates.
16. "Website": means the website www.trivandi.com, or any other website in the ownership and control of Trivandi that we may designate.
17. "Working Day": means any day except Saturday, Sunday, or any bank, customary, public, or statutory holiday in England and Wales.

1. Interpretations
2. Words in these Conditions denoting the singular include the plural and vice versa, and a reference to any gender includes a reference to all other genders and non-binary.
3. References in these Conditions to you, your, us, our and other such terms mean the relevant parties to this Contract.
4. References in these Conditions to “writing” include e-mail and the expression “written” shall be construed accordingly.
5. References in these Conditions to any statute, statutory instrument, regulation, order or licence are references to that statute, statutory instrument, regulation, order or licence as substituted, amended, updated, varied or re-enacted from time to time.
6. The headings in these Conditions are for convenience only and shall not affect the construction of these Conditions.
7. The words “include” and “including”, where used in these Conditions, shall be construed as if immediately followed by the words “without limitation”.
   

3. Business Customers

3.1 These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Condition 11 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Trivandi, our affiliates or other relevant third parties.

4.2 All intellectual property rights (including but not limited to copyright) tools and resources, the content of the Website and all other documents, information and materials of whatever kind and in whatever form, are vested absolutely and unconditionally in Trivandi.

4.3 By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.4 Subject to Condition 12 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

4.5 Trivandi grants to the Student or the Employer (as the case may be) a personal, non-transferrable, non-exclusive licence, limited in time to the duration of the Course, to use the Course Materials and the documents, information and materials for the purpose of the participation by the Student in the Course but not further or otherwise. The Student shall, and if the Student is not a party to the Contract the Employer shall procure that the Student will, use the Course Materials and the documents, information and materials solely for such purpose and will not copy, make available, re-transmit, reproduce, sell, license, distribute, publish, broadcast, photograph, record or otherwise circulate such materials without the express prior written consent of Trivandi. The Student shall, or if the Student is not a party to the Contract the Employer shall, fully indemnify Trivandi and keep Trivandi fully indemnified from and against any and all loss, damage, costs (including legal costs), expenses or liability suffered or incurred by it as the result of any failure on the part of the Student or Employer to observe the requirements of this Condition.

4.6 Usernames and passwords provided by Trivandi or created by the Student for the purpose of participating in the Course and gaining access to Course Materials are for the personal use of the Student only and the Student must not disclose or share any of them with any third party.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Condition 12 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

6.1 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

7.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Trivandi or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

8.1 Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://trivandi.com/ with Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission.

9. Account

9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

9.1.1 all information you submit is accurate and truthful;

9.1.2 you have permission to submit Payment Information where permission may be required; and

9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

9.2 The Student must not share Account details, particularly username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

9.4 When choosing your username you are required to adhere to the terms set out above in Condition 14. Any failure to do so could result in the suspension and/or deletion of your Account.

10. Services, Pricing and Availability

10.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Trivandi correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Condition 19.8 for incorrect Services.

10.2 Where appropriate, you may be required to select the required Plan of Services.

10.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

10.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

10.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

11. Orders and Provision of Services

11.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Trivandi and you.

11.2 Order confirmations under sub-Condition 11.1 will be sent to you before the Services begin and shall contain the following information:

11.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

11.2.2 Relevant times and dates for the provision of the Services;

11.2.3 User credentials and relevant information for accessing those services.

11.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

11.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

11.5 We aim to fulfil your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfil your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Condition 21, will be affected.

11.6 Trivandi shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

11.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

11.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

11.9 Trivandi provides technical support via our online support forum. Trivandi makes every effort possible to respond in a timely manner, but we do not guarantee a particular response time.

11.10 Should you be unhappy with any element of the Services, please inform us in writing to info@trivandi.com. Trivandi will endeavour to respond within 10 working days.

12. Privacy

Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy.

13. How We Use Your Personal Information (Data Protection)

13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

13.2 We may use your personal information to:

13.2.1 Provide Our Services to you;

13.2.2 Process your payment for the Services; and

13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

13.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

13.4 Personal data including name, email and date of birth will also be passed on to CMI for assessment purposes.

13.5 We will not pass on your personal information to any other third parties without first obtaining your express permission.

13.6 All communications including any updates in relation to the course will be communicated via the contact details provided upon or during enrolment for the course. It is, therefore, the Students’ or Employers’ responsibility to update Trivandi of any changes to any of their personal data , including but not limited to; phone number, address, email address, name changes, or payment details.

13.7 Trivandi is committed fully to keeping all of the Student’s personal data in accordance and in compliance with the requirements of the General Data Protection Regulation (GDPR) and will not be shared with any third parties, without prior notification or consent to the individual or allowed by law. For a copy of Trivandi’s Privacy Policy please email trivandi.academy@trivandi.com for more information on how Trivandi collect, store and access personal data.

13.8 There may be occasions where Trivandi requests Student and / or Employer feedback based upon their experience of the course, the Student’s journey and information relating to Trivandi. The collection, access and use of this information follows guidelines in line with Trivandi's Privacy Policy.

13.9 Trivandi is a data controller of the Students’ personal data. Trivandi Limited (the parent company) is registered with the United Kingdom’s Information Commissioner’s Office (The ICO) under the registration number ZA834454, and the personal data stored in relation to the Course will be treated in line with The ICO guidance.

14. Disclaimers

14.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

14.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

14.5 Trivandi warrants that all Course Materials will, in all material respects, be of sufficient quality and comprehensiveness to enable the Student to participate fully in the Course but does not guarantee that they will be completely free of error.

15. Miscellaneous and General

15.1 This Contract constitutes the entire agreement between the parties and cancels and supersedes any and all previous agreements (whether oral or written, express or implied) between the parties relating to the subject matter of this Contract. Except for the express written terms of the Contract, the parties acknowledge and agree that in entering into the Contract they have not relied on or been induced by any warranty, statement or representation of the other or any other person relating to the Contract.

15.2 None of these Conditions shall be enforceable by a party who is not a party to the Contract, either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.3 Each of these Conditions is to be construed as independent of every other Condition so that the invalidity, illegality or unenforceability of any Condition shall not affect the other Conditions, all of which will remain in full force and effect.

15.4 No variation of the Contract is effective unless it is made in writing, refers specifically to the Contract and is signed by the Student or the Employer (as the case may be) and a duly authorised representative of Trivandi.

15.5 The Contract shall, as to any of its provisions remaining to be performed in whole or in part or capable of having effect following termination or performance, remain in full force and effect despite termination in accordance with Condition 17.

15.6 Trivandi shall be entitled to assign the whole or any part of its rights or obligations under Contract, or to sub-contract the whole or any part of its obligations under the Contract.

16. Changes to the Facilities and these Terms and Conditions

16.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Website

17.1 The Website is provided “as is” and on an “as available” basis. The platform owner uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

17.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

17.3 It is the responsibility of the Student or the Employer to ensure that the computer and internet connection that will be used to access the Website and Course Materials platform is in good working order and fit for purpose.

17.4 Trivandi will publish minimum specification requirements for operating the online learning portal or using the Websites. This will be clearly available on the website.

17.5 Under no circumstances will Trivandi be responsible or liable for the inability of the Student or Employer to gain access to the Website or Course Materials to the extent that this arises as the result of:

17.5.1 Any defect, fault or malfunction in any computer equipment or internet connection

being used by the Student or Employer;

17.5.2 Any defect, fault or malfunction in the operation of the internet or worldwide web;

17.5.3 Any firewall restrictions imposed by or upon any network or computer being used by the Student or Employer in order to gain access to the Website or Course Materials;

17.5.4 The failure of telecommunications links or equipment, or browser issues;

Any inability of the Student or Employer to gain access to the Website or Course Materials or any interruption to such access arising as the result of any failure by the Student or the Employer strictly to follow any advice or instructions issued by Trivandi as part of the support provided.

17.5.5 The suspension of access to the Website or Course Materials by Trivandi, as required by Trivandi at its discretion from time to time, for the purpose of scheduled or emergency maintenance, repairs and upgrades or to improve performance or functionality neither does Trivandi guarantee uninterrupted availability of Course Materials or the Website generally.

17.6 In the event of any defect, failure, fault or malfunction in the communications systems being used by Trivandi, the operation of or access to the Website or failure to deliver the Course Materials, Trivandi will use reasonable endeavours to provide a solution to the defect, failure, fault or malfunction within five (5) Working Days of the date on which the same is reported by the Student or Employer to Trivandi;

17.7 Trivandi will provide support for the purposes of this Condition 18 between the hours of 9.00am to 5.00pm UK time on Working Days, provided that these times are subject to change at the discretion of Trivandi.

18. No Waiver

18.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

19. Previous Terms and Conditions

19.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

20. Third Party Rights

20.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Trivandi.

21. Communications

21.1 All notices / communications shall be given to Us by email to trivandi.academy@trivandi.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

21.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

22. Law and Jurisdiction

22.1 These Terms and Conditions and the relationship between you and Trivandi shall be governed by and construed in accordance with the Law of the United Arab Emirates.

Major Events 101 launch promotion Terms and Conditions:

• Promotion is for a total saving of £101 (or equivalent currency based on your location)
• Valid only for the first 101 paid registrations to ME101.
• Promotion applies only to ME101 and no other Trivandi products or services.
• Discount will be applied via promotion codes directly on Learnworld.com during sign-up.
• Promotion codes can be obtained from our direct marketing communications and on our website
• This is only one time offer only.
• Trivandi reserves the right to update and remove this promotion.
• Additional Terms and Conditions may apply.